Filed: Aug. 07, 2018
Latest Update: Mar. 03, 2020
Summary: Case: 17-30873 Document: 00514589974 Page: 1 Date Filed: 08/07/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 17-30873 FILED August 7, 2018 Lyle W. Cayce PAM MILETELLO, Clerk Plaintiff - Appellant v. R M R MECHANICAL, INCORPORATED; SANDRA BELLGARD MILETELLO, Defendants - Appellees Appeal from the United States District Court for the Western District of Louisiana USDC No. 3:16-CV-1623 Before REAVLEY, GRAVES, and COSTA, Circuit Jud
Summary: Case: 17-30873 Document: 00514589974 Page: 1 Date Filed: 08/07/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 17-30873 FILED August 7, 2018 Lyle W. Cayce PAM MILETELLO, Clerk Plaintiff - Appellant v. R M R MECHANICAL, INCORPORATED; SANDRA BELLGARD MILETELLO, Defendants - Appellees Appeal from the United States District Court for the Western District of Louisiana USDC No. 3:16-CV-1623 Before REAVLEY, GRAVES, and COSTA, Circuit Judg..
More
Case: 17-30873 Document: 00514589974 Page: 1 Date Filed: 08/07/2018
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 17-30873 FILED
August 7, 2018
Lyle W. Cayce
PAM MILETELLO, Clerk
Plaintiff - Appellant
v.
R M R MECHANICAL, INCORPORATED; SANDRA BELLGARD
MILETELLO,
Defendants - Appellees
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 3:16-CV-1623
Before REAVLEY, GRAVES, and COSTA, Circuit Judges.
PER CURIAM:*
“This Court must examine the basis of its jurisdiction, on its own motion,
if necessary.” Mosley v. Cozby,
813 F.2d 659, 660 (5th Cir. 1987). “Federal
appellate courts have jurisdiction over appeals only from (1) a final decision
under 28 U.S.C. § 1291; (2) a decision that is deemed final due to
jurisprudential exception or that has been properly certified as final pursuant
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Case: 17-30873 Document: 00514589974 Page: 2 Date Filed: 08/07/2018
No. 17-30873
to FED. R. CIV. P. 54(b); and (3) interlocutory orders that fall into specific
classes, 28 U.S.C. § 1292(a), or that have been properly certified for appeal by
the district court, 28 U.S.C. § 1292(b).” Askanase v. Livingwell, Inc.,
981 F.2d
807, 809–10 (5th Cir. 1993).
The Appellant, Pam Miletello, purports to invoke this court’s jurisdiction
under 28 U.S.C. § 1291, which grants the federal courts of appeals jurisdiction
over “all final decisions of the district courts of the United States.” A final
decision requires the district court to either dispose of all parties and all claims
or otherwise expressly permit an appeal under Rule 54(b). Charles v. Atkins,
826 F.3d 841, 842 (5th Cir. 2016).
In her complaint, Pam Miletello named three defendants: RMR
Mechanical, Inc., Sandra B. Miletello, and The Succession of Gerald Miletello.
The district court dismissed Pam’s claims against The Succession of Gerald
Miletello and Sandra B. Miletello. However, Pam’s claims against RMR
remain, and the district court has not expressly permitted appeal under Rule
54(b). Accordingly, we do not have jurisdiction. The appeal is DISMISSED.
2